1. Land and facilities available for seasonal hire

2. Applications

All applications for permanent hire must be made in writing. Bookings will only be confirmed once Council officers have:

received the completed application form

received the signed acceptance of terms and conditions of hire

received a copy of current Public Liability Insurance documents ($20 million) naming Ku-ring-gai Council and the relevant Minister as interested parties

received confirmation of bond details (if applicable)

assessed the permanent hirer as having the financial capacity to meet their ongoing obligations to Council

The hirer is responsible for ensuring all details and hire arrangements are confirmed prior to commencement of hire.

Hire arrangements are valid within the commencement and termination times, as specified on the application form. If additional bookings are required, a new application must be submitted.

3. Fees, charges and accounts

All bookings will be charged according to Council's current, adopted fees and charges.

Invoices will be issued with the hirer's confirmation, to be paid within 30 days of issue. If the hirer requires more time to pay the account, a payment plan may be organised with Council's Finance department - contact us for more information.

The hirer will be charged at a casual rate if they make a booking request after seasonal hire confirmation has been sent, as per Council's current, adopted fees and charges, subject to availability.

The nominated person/s on the application will be liable for charges assessed for any use over and above the times and facilities on the application form. Charges will be made at Council's discretion, subject to Council's current, adopted fees and charges.

In the event of non-payment of accounts and/or no evidence of a payment arrangement, Council reserves the right to terminate the seasonal hire agreement. All outstanding payments will be deducted from the bond and charged in addition if incurred.

4. Renewals

All applications must be made in writing and addressed to the Booking Liaison Officer - Community and Recreation Services.

It is the responsibility of the seasonal hirer to ensure its ongoing tenure. Applications not received within the timeframes stipulated may not be confirmed. Council does not guarantee the facility's availability and reserves the right to allocate that facility to the first request on hand, subject to satisfaction of criteria in Clause 2.

Applications to renew existing seasonal hire agreements for the following year must be received by the date specified on the form each year.

Seasonal hire packs are dispatched three times per year:

Summer season allocated in June for September - March

Winter season allocated in November for April - August

School hire allocated in October for the next school year - valid for school days and hours only

If a location is requested by two or more hirers, each hirer will be notified by Council. If a dispute arises and cannot immediately be resolved by the hirers, the applications and supporting information will be assessed by the Open Space Committee to reach a resolution. Refusal to comply with the resolution by any hirer will render all current and agreements and future applications ineligible for further consideration.

Applications will not be considered if outstanding account balances are not settled.

5. Hirer's contact person

The person nominated on the application form is deemed the primary booking contact person and the person responsible for managing the booking, payment and all obligations under the agreement.

A second person can be nominated who will be held jointly and severally responsible for all obligations under the agreement.

Seasonal hirers can book every Saturday within a season and a maximum of 15 Sundays, or vice versa.

Seasonal hirers have the option of using a total of eight competition nights within a season that can include floodlights.

7. Facility set-up and service requirements

The hirer is responsible for advising Council of all set-up and service requirements. Hirers must advise Council of any facility configuration requirements with their application form. The hirer is responsible for all configuration expenses beyond Council's standard operational arrangements.

For any gala days, carnivals or special events with over 100 people and/or temporary structures, the hirer must complete an Events Application Pack or provide equivalent written logistical event management information.

8. Bonds and keys

A cash bond may be required depending on the land or facility hired. It is the responsibility of the hirer to submit the bond with all completed paperwork.

The hirer is responsible for the cost of any damage caused to the grounds, buildings or contents. Bonds will be refunded subject to the hired facility being in the same condition as prior to the hire period. Any costs incurred by Council officers or its agents will be deducted from the cash bond prior to being returned to the hirer. Any additional charges will be disclosed on the invoice provided.

Council is not responsible for any loss or damage to any property belonging either to the hirer or any other person attending during the hire period.

Keys or passes are provided to the hirer upon booking confirmation and can be collected from Council Chambers, 8.30am - 4.30pm Monday to Friday. Keys must be returned to Council on the first working day after conclusion of the hire agreement.

If keys are lost or not returned to Council, the cost of replacement keys will be deducted from the bond.

Keys must not be passed to any other person or organisation without written permission from Council's Community and Recreation Services Officer.

All oval hire includes the use of the amenities block (toilet and change rooms) where applicable. Toilets at all parks and sportsground locations are open at all times.

9. Condition of hired land and/or facility

It is the hirer's responsibility to inspect the hired facility or land prior to commencement of the hire period to ensure its condition is fit for purpose. Any issues should be reported to Council prior to use.

The hirer must ensure the site is left in good order and condition by ensuring the premises are clean and tidy, all rubbish is removed and any damage is reported and repaired.

Council officers may inspect the hired facility after the hire period to ensure compliance. Cost of any works required to make good the facility will be deducted from the bond and/or invoiced additionally.

10. Conduct and noise

Hirers must undertake their permitted activities without adversely impacting on the amenity of neighbours.

The hirer is responsible for the conduct of all people in attendance during the hire period and the maintenance of good order generally. Noise from equipment or activity in the hire area must comply with relevant legislation and policies.

The hirer agrees to ensure that all cars are parked only where permitted, within marked parking spaces. The hirer is responsible for managing the impact of any vehicle or crowd traffic related to their activity.

The hirer is also responsible for the behaviour and quiet departure of all people from the hire area at the end of the hire period. Should the hirer need to leave the facility during the hire period, he/she must nominate a responsible person to act on his/her behalf.

11. Illegal use of Council land and facilities

Occupation and usage is always subject to the permanent hire agreement.

Council reserves the right to remove all unauthorised locks and dispose of any equipment left in any Council-owned building. Council is not responsible for any loss or damage of property.

All hirers must comply with relevant Council policies, bylaws and legislation. Failure to comply with the terms and conditions of the permanent hire agreement, a Council ranger or officer, or Council policies, bylaws and legislation may result in the termination of a hire agreement, punitive charges or prosecution.

It is prohibited to bring chemicals or hazardous substances on to any of Council's hire facilities.

12. No smoking agreement

Smoking is banned in all facilities and on all land owned by Council. It is also prohibited within 10 metres of all children's play areas under Council's care.

It is the responsibility of the event organiser to manage this ban and encourage people attending the event to support the no-smoking policy.

13. Indemnity and insurance

The hirer is responsible for ensuring that a Public Risk Policy (Public Liability Policy) to the value of $20 million covers the period of hire. The policy must name Council and the relevant Minister as interested parties.

The hirer must indemnify Council and relevant interested parties from and against:

all actions, suits, claims, demands and costs, charges, damages and expenses to which Council may become liable for

the death of any person

any loss, accident or injury of whatsoever nature or kind, whether to property or persons

The hirer must provide evidence of insurance prior to booking confirmation. The hirer is not to void the insurance at any time during the hire period.

14. Cancellations and rescheduling

All cancellations or alterations to bookings must be made in writing. The following fees apply:

Where four or more weeks notice is given, there will be no charge to the hirer

Where fewer than four weeks notice is given, the hire fee for the month will be charged in full

The booking fee is non-refundable

Council reserves the right to:

cancel any booking within one month's notice, or if the venue is unfit for purpose

relocate hirers to another facility or venue fit for purpose with reasonable notice

immediately cancel any function if deemed necessary by the General Manager

refuse bookings for functions it deems inappropriate

Council will not be liable for loss, damage or otherwise as a result of exercising this right.

15. Alcohol consumption

The sale or consumption of alcohol is prohibited unless the hirer is legally licensed.

The hirer should display any liquor permit at all times during the hire period when alcohol is being consumed. Hirers are required to complete a Consumption of Alcohol Permit, to be obtained from NSW Police or Council.

No glass containers must be used or sold on Council-owned and/or managed sportsgrounds.

16. Sale of food on Council land

Any organisations planning to prepare and sell cooked or heated foods must contact Council's Environmental Health Officers on 9424 0000 to discuss food hygiene requirements. An inspection may be required at the hirer's cost. Details of inspections and fees can be obtained from the Environmental Health Officers.

18. Decorations and structures

Approval from Council is required for the erection of decorations, streamers, bunting, flags or structures on the hired facility.

19. Electrical installations

Council approval is required prior to installation of any electrical equipment. All electrical equipment is required to be properly tagged and tested.

20. Equipment storage

Storage of equipment at Council facilities is permitted only with a current licence agreement or seasonal facilities rental contract.

Council reserves the right to remove and dispose of any equipment left in hire facilities without Council consent and to forward charges for the removal cost to the hirer.

21. Council access to facilities

Council reserves the right for its officers or agents to access any Council facility at any time for inspection or maintenance purposes.

22. Penalty charges

Penalty charges apply if:

the premises, its facilities or surrounds are not left in a clean and tidy condition after each hire period

chairs and tables are not put away in the correct storage areas (unless prior arrangement has been made with Council staff) at the end of each hire period

doors and/or windows are not properly secured and lights and/or heaters are left on after each hire period

garbage is not correctly disposed of at the end of each hire period

hirers access a facility before the start of their hire period or fail to vacate the premises at the end of their hire period

Penalty hire rate will be calculated at twice the appropriate hourly rate for a minimum of 12 hours.

Hirers will be invoices for payment of penalty charges. If penalty charges remain unpaid after 21 days, the matter will be referred to Council's debt collection agency and further hire periods will be cancelled.